ANGREJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for quashing of the order dated 10.02.2009 (Annexure P-1) passed by the Sub Divisional Judicial Magistrate, Talwandi Sabo, imposing a penalty of Rs. 6,00,000/- upon the petitioner for not producing the Truck in case FIR No. 119 dated 23.09.2004 under Sections 420, 406 of Indian Penal Code registered at Police Station Talwandi Sabo and also for quashing of the order dated 08.05.2009 (Annexure P-2) passed by the Additional Sessions Judge (Fast Track Court, Bathinda, dismissing the revision petition of the petitioner.

(2.) FIR No. 119 dated 23.09.2004 under Sections 420, 406 of Indian Penal Code, Police Station Talwandi Sabo, Bathinda was registered against the petitioner and the truck involved in controversy bearing registration No. RJ-13G-7285 was also taken into custody by the Police of Police Station Talwandi Sabo, District Bathinda. On the application moved by the petitioner, the truck in question was released on superdari by the Court of competent jurisdiction. Thereafter, on 14.01.2009, the Sub Divisional Judicial Magistrate cancelled the superdari of the aforesaid Truck as the petitioner did not produce the Truck in the Court when asked to do so and, accordingly, imposed a penalty of Rs. 6,00,000/- upon the petitioner vide order dated 10.02.2009 (Annexure P-1). Aggrieved, the petitioner filed a revision petition against the aforesaid order. The said revision petition was dismissed by the Additional Sessions Judge (Fast Track Court) Bathinda vide impugned order dated 08.05.2009 (Annexure P2).

(3.) It was contended by the learned counsel for the petitioner that in pursuance to the order dated 14.01.2009, the petitioner appeared before the trial Court on 04.02.2009 and was directed to produce the Truck by 10.02.2009. He requested the trial court to grant him reasonable time to produce the aforesaid truck as the truck was out of State. However, the same was only granted uptill 10.02.2009. Since the truck was out of State, the petitioner was not able to produce the same on 10.02.2009. Accordingly, a penalty of Rs. 6,00,000/- was imposed.